after be a stockholder of the said share and shall have the same rights and be under the same obligations as if he had purchased the said share from the proprietor thereof in such form as may be by by-law provided for the transfer of stock in such Company, and the proper officer of the Company shall enter such sale as a transfer in the manner by law provided.

29. Nothing in this Act shall be construed to impair the Former effect of any remedy which the plaintiff might without this remedy saved. Act have had against any shares of such stock as aforesaid by attachment or otherwise, but on the contrary the provisions of the four next preceding sections shall apply to such remedy in so far as they can be applied thereto.

tions apply to

30. All corporations established for the purpose of trade Previous secor profit, or for the construction of any work, or for any all corporapurpose from which revenue is intended to be derived, shall tions. be deemed incorporated Companies for the purpose of the six next preceding sections of this Act, although they are not called Companies in the Act or charter incorporating them.

liable to seiz

tion.

31. Any sheriff by virtue of any writ against goods hereto- Mortgages fore or hereafter sued out of the Court of Queen's Bench for ure in execuManitoba, may and shall seize and take any mortgage or mortgages of real or personal estate, cheques, bills of exchange, bonds, promissory notes or other securities for money of the judgment debtor, or in which he has any interest, against whom such writ issued, and in addition to the remedy given for realizing on the same by the Imperial Act, 1 and 2 Victoria, chapter 110, and amending Acts, the said sheriff shall in cases where it appears that a suit on such mortgage or security under said Act might be of no benefit by reason of the insolvency of the person liable to pay the money payable under such mortgage or other security, or if for the same or any other reason such suit might be more onerous than beneficial to the judgment creditor in such suit, the said sheriff shall sell the said mortgages or other securities by public auction in the same manner and after such advertizement thereof as is required for the sale of any goods or chattels seized under any writ against goods issued out of said court, and apply the proceeds of such sale in the same manner as on a sale of goods and chattels, and the purchaser of any mortgage or other security as aforesaid shall by such sale to him Effect of sale become the owner of the interest of the judgment debtor in such mortgage or security at the time of its seizure, and in the case of a mortgage on lands shall by such sale to him acquire the interest of the mortgagee in the lands comprised in said mortgage at the time of such seizure and be entitled to fit all of the beenthe covenants and powers contained in such mortgage or other security, and to use all the remedies, either by suit in his own name or other proceeding allowed or

bo sheriff.

Proviso.

Services out of jurisdiction.

Arbitrators, viewers and experts.

given by such mortgage or security or by any law or statute for the collection of the debt secured by such mortgage or security or for the sale of the lands or goods covered by said mortgage or security, but no warranty shall be created by such sale and conveyance by said sheriff not even that the debt is due.

Provided that the purchaser of any such mortgage from the sheriff shall be bound to register the assignment thereof in the proper Registry Office.

32. Service out of Manitoba of a writ of summons or notice of a writ of summons may be allowed by the court or a judge in the following cases :—

(a). Where the whole or any part of the subject matter of the action is land, stock or other property situate within Manitoba, or is any act, deed, will or thing affecting such land, stock or property.

(b) When the contract which is sought to be enforced or rescinded, dissolved, annulled or otherwise affected in any such action for the breach whereof damages or other relief are or is demanded in such action, was made or entered into within Manitoba.

(c) Where there has been a breach within Manitoba of any contract wherever made.

(d) Where any action or thing sought to be restrained, or removed, or for which damages are sought to be recovered, was or is to be done, or is situate within Manitoba.

(e) Where the action is upon a contract or judgment though the same be not within any of the four classes already enumerated, but it appears to the satisfaction of the court or a judge that the defendant has assets in Manitoba of the value of two hundred dollars at least, which may be rendered liable to the judgment in case the plaintiff should recover judgment

in the action.

33. In all actions involving the investigation of long accounts on either side, or on which the matters in dispute, whatever may be the form of pleading, involve questions which might properly and conveniently be disposed of by accountants, merchants, engineers, actuaries, or other scientific persons or experts, the judge may at and during the trial direct a reference of all the issues in the cause and of the accounts and matters in dispute, or of such of the said issues accounts and matters in dispute as he thinks fit, taking the verdict of the jury, or himself entering a verdict, when the

issues are to be tried by a judge' upon any issue or issues not referred, and directing a verdict to be entered, or himself entering a verdict, generally, on all or any of the issues for either party, subject to such reference, or he may leave all or any issues to be found by the jury, or himself find the same when the issues are to be tried by a judge referring only the mount of damage to be ascertained; and if the parties agree upon the arbitrator or arbitrators (not more than three) the name or names of the arbitrator or arbitrators agreed on shall be inserted in the order of reference, but if the parties cannot agree the judge shall name the arbitrator or arbitrators and appoint other terms and conditions of the reference to be inserted in such order, and the award may be moved against as in ordinary cases within the first four days of the Term next after the making thereof, and every reference ordered and every arbitrator appointed under this section shall be subject to the provisions of the English Common Law Procedure Act respecting arbitrations.

34. Section 58 of said Chapter 17 is hereby amended by Section 58 adding after the word "issues" in the tenth line thereof the amended words "except in case of a claim for exemption from seizures under the provisions of this Act or any amendment thereto."

0.15.C.3.53V.

V/CAP. XXXVI.

An Act respecting the Suitors' Fund Account in the
Court of Queen's Bench.

H

[Assented to 28th May, 1886.]

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as

follows:

1. All moneys paid in to the Provincial Treasurer on the Interest on Suitors' Fund Account in any suit, action or proceeding in the court deposits. Court of Queen's Bench at law or in equity shall bear interest

at the rate of four per centum per annum, notwithstanding the provisions of any Act heretofore passed affecting moneys so paid.

deposits.

2. The provisions of this Act shall apply to all moneys at Act applies to present standing to the credit of the said Suitors' Fund present Account on the Common Law or Equity side of the said Court.

Credits of interest.

Act in force.

3. Such interest shall be credited to said Suitors' Fund Account semi-annually on the thirtieth days of May and November in each year to each suitor.

4. The Act shall come into force on the day of its assent.

Short title.

Interpretation clause.

"Court."

"Judge."

"Relief."

Form of petition.

CAP. XXXVII.

An Act respecting Suits against the Crown by
Petition of Right.

HE

[Assented to 28th May, 1886.]

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

1. This Act may be cited as "The Manitoba Petition of Right Act."

2. In the construction of this Act,

(1) "Court" shall mean Her Majesty's Court of Queen's Bench for Manitoba.

(2) "Judge" shall mean a Judge of the said Court and shall include the Chief Justice.

(3) "Relief" shall comprehend every species of relief claimed or prayed for in any petition of right, whether a restitution of any incorporeal right, or a return of lands or chattels, or a payment of money or damages or otherwise. R.S.O., c. 59, s. 2.

PETITION, FORM AND SERVICE OF, ETC.

3. A petition of right shall be entitled in the Court of Queen's Bench on the equity side or on the common law side thereof according to the nature of the subject matter in dispute, and shall state in the margin the venue for the trial of such petition; and such petition shall be addressed to Her Majesty in the words or to the effect of Form No. 1 in the schedule to this Act annexed, and shall state the christain name and surname and usual place of abode of the suppliant and of his solicitor or attorney, if any, by whom the same is presented, and shall set forth with convenient certainity the facts entitling the suppliant to relief and shall be signed by such suppliant, his counsel or attorney. The facts set forth in the

petition shall be verified by the affidavit of the suppliant, his attorney or agent, thereto annexed. Id, 3.

4. The said petition shall be submitted to the Lieutenant- Fiat of Lieut.Governor for his personal consideration, and if he thinks fit Governor. he may grant his fiat that right be done; and the suppliant on so leaving such petition shall leave therewith a certificate by the Provincial-Secretary that a bond for security for costs executed by the suppliant and two sufficient securities has been deposited in his office, and until a satisfactory security bond shall have been so deposited, no fiat shall be granted. C. 28-50 Vj 0.10.c.29.572.

plead.

5. Upon the Liutenant-Governor's fiat being obtained to Notice to such petition, a copy of such petition and fiat shall be left at the office of the Attorney-General, during office hours, with an endorsement thereon in the words or to the effect of Form No. 2 in the schedule to this Act annexed, praying for a plea or answer on behalf of Her Majesty within twenty-eight days. Id. 5.

real estate.

6. In case any such petition of right is presented for the Notice to last recovery of any real or personal property, or any right in or occupant of to the same, which has been granted away or disposed of by or on behalf of Her Majesty or Her predecessors, a copy of such petition, allowance and fiat shall be served upon or left at the last or usual or last known place of abode of the person in the possession, occupation, or enjoyment of such property or right, endorsed with a notice in the words or to the effect of Form No. 3 in the schedule to this Act, requiring such person to appear thereto within eight days and to plead or answer thereto, within fourteen days after the same has been so served or left as aforesaid. Id. 6.

third party

ings.

7. It shall not be necessary to issue any scire facias or other Appearance of process to any person so served for the purpose of requiring and subsehim to appear and plead or answer to such petition, but he quent proceedshall, within the time so limited, if it be intended by him to contest such petition, enter an appearance to the same in the words or to the effect of Form No. 4 in the schedule of this Aet, and shall plead, answer or demur to the said petition within the time specified in such notice, or such further time as may be allowed by the court or a judge. Id. 7.

PLEADINGS, ECT.

8. The time for answering pleading, or demuring to such Time for pleadpetition, on behalf of Her Majesty, shall be the said period of ing or answertwenty-eight days after the same, with such prayer of a plea or answer as aforesaid, has been left at the office of the said Attorney-General or such further time as may be allowed by the court or a judge. Id. 8.

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